The Irish standard. [volume] (Minneapolis, Minn. ;) 1886-1920, 1887-05-21
AN AMUSING TRIAL.
Il Dog Case Illustrative OF the Early Days
of Indiana Justice.

of Indiana Justice.
In the early history of this section Oh
the West many incidents connected
with the primitive administration and
execution of law occurred which are
worthy of preservation. The first
Justice Of the peace in Milan, Ripley
County, Ind, had a peculiar expert
ence in the first trial before him. which
was dog case. The plaintiff owned
a yellow dog which was killed by the
defendant. The irate owner inl,nedi-
ately went to Versailles, the county
seat, to obtain a lawyer to prosecute a
claim for damages. Court not being
in session, all the attorneys were of
on the circuit except Stephen S. Hard
ing, young man who was afterward
Governor of Idaho and Chief-Justice
Of Utah, whom the plaintiff employed
to bring his suit. The defendant, hear
ing that a lawyer had been secured
by his opponent, also repaired to Yer
sailles, and, not finding any barrister,
he retained Judge Test, then q clerk in
the clerks office, where he spent his
spare time in studying law. The APP
pointed day for the contest came, and
tie opposing counsel started for the
scene of conflict together. They found
the Justice surrounded by his attend
ants and friends, among them Consta-
bile Captain Shook, an old revolution
airy soldier. The case being called for
trial, the justice ordered the constable
to read the law to the people, where
| upon Captain Shook, with great Dig
nifty, read a section of an old Indiana
statute, which, in substance, provided:
"a justice of the peace shall have
power to preserve order by q fine not
exceeding seventy-five cents, or by inn
prisonment in the county jail not to ex-
coed twenty-four hours, if there be
jail in the county, otherwise in all ado
;oining county,
At the conclusion of the reading the
justice put on his tin-rimmcd spectacles
and re-reaa the provision, emphasizing
it with his purpose to carry out the law,
if the people, who were there from long
distances in their huntin g-shirts and
homespuns, did not keep order, and the
lawyers we're also admonished to be-
ware of any infraction, MI: Test arose
to argue q demurrer, and the justice
wanted to know what a demurrer was.
Governor Harding had to come to the
relief of Test with an admission that
the proceedings were regular before the
Justice would allow Test to go on. The
plaintiff attorney supported his argu-
ment by a quotation from an ancient
copy of Blackstone. and the only law
book in the court. The law WAS to the
effect that dogs were te1oe nature, wild
by nature, not subjects of larceny,
therefore not property. During this
argument the justice glanced at
Harding in a severe way, as much as to
say: GLOW dare you bring any such
euit in my court?''
Harding then stood up with fear and
trembling, and. under great embar-
rassment, tried to answer Tests argu-
n1ent. Suddenly opening Blackstone
he saw the date on the tit]e-page was
A. d. 1923. Having q fertile magma
ton, with great emphasis he brought
this fact to the attention of the court,
saying that he was astonished that any
lawyer would use such an authority;
that Blackstone contained the laws of
England, to overthrow which our fore"
fathers had spent their lives and their
treasures; that the grinning skeleton,
upon the bloody fields of Saratoga,
Cowpens and Utah Springs were pro-
testing against that despotism which
threatened our liberties.
After this flight of fiery eloquence
the Justice turned to Mr.. Test feroely
and said: "The court will forgive you
this time, but if ever you do that again,
will fine you not exceeding seventy
five cents or send you to jail for not
exceeding twenty-four hours, if there
be a Jail in the county, and if not, in
an adjoining county"
This settled the case, and judgment
was given for ten dollars, the estimated
value of the dog."--Cor: Cincsrsasati
Enquirer.
Lack of Punctuality.
Lack of punctuality in keeping all